,,ib ,union ,calendar ,no4 #ejb #aacth ,,congress #b;d ,session ,h4 ,r4 #cfgd ,report ,no4 #aac-fgj1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,december #i1 #bjac ,mr4 ,guthrie 7for himself1 ,ms4 ,matsui1 ,mr4 ,waxman1 ,mr4 ,walden1 and ,ms4 ,eshoo7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #ab1 #bjad ,reported from the ,committee on ,energy and ,commerce ,december #ab1 #bjad,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,national ,telecommunications and ,information ,administration ,organization ,act to provide incentives for the reallocation of ,federal ,government spectrum for commercial use1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,spectrum ,incentive ,act of #bjac4 #b4 ,federal spectrum incentives 7a7 ,notice to ,commission 7#a7 ,in general ,section #aac7;g77#d7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#d77 is amended-- 7,a7 by striking the heading and inserting ,notice to ,commission4--2 7,b7 in the second sentence of subparagraph 7,a71 by striking shall notify the ,commission and all that follows and inserting the following3 shall notify the ,commission-- 7i7 of estimated relocation or sharing costs and timelines for such relocation or sharing2 or 7ii7 that1 instead of relocation or sharing costs under this subsection and section #aah1 a ,federal entity will receive payment under section #abj because such entity is-- 7,i7 discontinuing the operations that the ,federal entity conducts on such eligible frequencies without relocating such operations to other frequencies2 or 7,,ii7 relocating such operations to frequencies assigned to another ,federal entity in order for such entities to share such frequencies4 2 and 7,c7 by adding at the end the following3 7,d7 ,this subsection and section #aah shall not apply with respect to the discontinuance of operations on eligible frequencies or the relocation of such operations by a ,federal entity after the ,commission receives notice under subparagraph 7,a77ii7 with respect to such discontinuance or relocation4 4 7#b7 ,conforming amendments ,section #aac7;g7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77 is amended-- 7,a7 in paragraph 7#c77;,a77iii77,i71 by striking paragraph 7#d77;,a7 and inserting paragraph 7#d77;,a77i72 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,b71 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i72 and 7ii7 in subparagraph 7,c71 by striking subparagraphs 7,a7 and 7,b7 and inserting subparagraphs 7,a77i7 and 7,b72 and 7,c7 in paragraph 7#e71 by striking paragraph 7#d77;,a7 and inserting paragraph 7#d77;,a77i74 7b7 ,transition plans ,section #aac7;h7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;h77 is amended-- 7#a7 in the heading1 by striking relocation or sharing2 7#b7 by amending paragraph 7#a7 to read as follows3 7#a7 ,development of transition plan by ,federal entity 7,a7 ,in general ,not later than #bdj days before the commencement of any auction of eligible frequencies described in subsection 7g77#b71 a ,federal entity authorized to use any such frequency shall submit to the ,,ntia and to the ,technical ,panel established by paragraph 7#c7 a transition plan in which the ,federal entity-- 7i7 declares the intention of such entity-- 7,i7 to share such eligible frequencies with a non-,federal user or to relocate to other frequencies1 and to receive relocation or sharing costs from the ,spectrum ,relocation ,fund established by section #aah2 or 7,,ii7 to discontinue the operations that the ,federal entity conducts on such eligible frequencies without relocating such operations to other frequencies or to relocate such operations to frequencies assigned to another ,federal entity in order for such entities to share such frequencies1 and to receive payment from the ,federal ,spectrum ,incentive ,fund established by section #abj2 and 7ii7 describes how the entity will implement the relocation1 sharing1 or discontinuance arrangement4 7,b7 ,common format ,the ,,ntia shall specify1 after public input1 a common format for all ,federal entities to follow in preparing transition plans under this paragraph4 2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d71 by inserting 1 to discontinue such use1 after from such frequencies2 7,b7 in subparagraph 7,f71 by inserting 1 discontinuance1 after relocation2 and 7,c7 in subparagraph 7,g71 by striking ,the plans and inserting ,to the extent applicable given the intention declared by the entity under paragraph 7#a77;,a77i71 the plans2 7#d7 in paragraph 7#d77;,a71 by inserting 7if applicable7 after timelines and2 7#e7 in paragraph 7#f7-- 7,a7 by inserting 7if applicable7 after costs2 and 7,b7 by inserting 1 discontinuance1 after relocation the second place it appears2 and 7#f7 in paragraph 7#g77;,a77ii71 by inserting 1 discontinuance1 after relocation4 7c7 ,relocation or discontinuance prioritized over sharing ,section #aac7;j7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;j77 is amended-- 7#a7 in the heading1 by inserting or discontinuance after ,relocation2 and 7#b7 by inserting or discontinuance of the operations that the ,federal entity conducts on the band after from the band each place it appears4 7d7 ,deposit of auction proceeds ,section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 is amended-- 7#a7 in subparagraph 7,c77i71 by striking 7,d77ii7 and inserting 7,d77ii71 7,d77iii72 and 7#b7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 and 7,b7 by adding at the end the following3 7iii7 ,federal spectrum incentives ,notwithstanding subparagraph 7,a7 and except as provided in subparagraph 7,b7 and clause 7ii7 of this subparagraph1 in the case of proceeds 7including deposits and upfront payments from successful bidders7 attributable to the auction of eligible frequencies described in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act with respect to which the ,commission has received notice under section #aac7;g77#d77;,a77ii7 of such ,act1 #a percent of such proceeds shall be deposited in the ,federal ,spectrum ,incentive ,fund established by section #abj of such ,act and shall be available in accordance with such section4 ,the remainder of such proceeds shall be deposited in the general fund of the ,treasury1 where such proceeds shall be dedicated for the sole purpose of deficit reduction4 4 7e7 ,federal ,spectrum ,incentive ,fund ,part ,b of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba et seq47 is amended by adding at the end the following3 #abj4 ,federal ,spectrum ,incentive ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,federal ,spectrum ,incentive ,fund 7in this section referred to as the ,fund71 which shall be administered by the ,office of ,management and ,budget 7in this section referred to as ,,omb71 in consultation with the ,,ntia4 7b7 ,transfer of funds ,the ,director of ,,omb shall transfer from the ,fund to a ,federal entity an amount equal to the amount deposited in accordance with section #cji7;j77#h77;,d77iii7 of the ,communications ,act of #aicd that is attributable to the auction of eligible frequencies described in section #aac7;g77#b7 of this ,act being vacated by such entity4 ,such amount shall be available to the ,federal entity in accordance with subsection 7c7 and shall remain available until expended4 7c7 ,use of funds ,a ,federal entity may use an amount transferred under subsection 7b7 for the following purposes3 7#a7 ,offset of sequestration ,any purposes permitted under the terms and conditions of an appropriations account of the ,federal entity that was subject to sequestration for any fiscal year under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,the amount used for such purposes under this paragraph may not exceed the amount by which the amount available to such entity under such account was reduced by sequestration for such fiscal year4 7#b7 ,transfer to incumbent ,federal entity ,in the case of a ,federal entity that is relocating operations to frequencies assigned to an incumbent ,federal entity in order for such entities to share such frequencies1 to transfer an amount to the incumbent ,federal entity for any purposes permitted under this subsection 7except this paragraph74 ,the transferred amount shall remain available to the incumbent ,federal entity until expended4 7d7 ,prohibition on duplicative payments ,if the ,commission receives notice under section #aac7;g77#d77;,a77ii7 of a discontinuance of operations on or relocation from eligible frequencies by a ,federal entity that has received1 from the ,spectrum ,relocation ,fund in accordance with section #aah7;d77#c71 relocation or sharing costs related to pre-auction estimates or research with respect to such frequencies1 the ,director of ,,omb shall deduct from the amount to be transferred to such entity under subsection 7b7 an amount equal to such costs and shall transfer such amount to the ,spectrum ,relocation ,fund4 4 7f7 ,department of ,defense spectrum ,section #ajfb7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj 7,public ,law #ajf-fe7 does not apply to frequencies with respect to which the ,commission has received notice under section #aac7;g77#d77;,a77ii7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#d77;,a77ii774 #c4 ,costs of incumbent ,federal entities related to spectrum sharing 7a7 ,description of eligible ,federal entities ,section #aac7;g77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#a77 is amended-- 7#a7 by striking authorized to use a band of eligible frequencies described in paragraph 7#b72 7#b7 by striking spectrum frequencies the first place it appears and inserting eligible frequencies described in paragraph 7#b72 and 7#c7 by striking spectrum frequencies the second place it appears and inserting eligible frequencies described in such paragraph4 7b7 ,definition of relocation or sharing costs ,section #aac7;g77#c77;,a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#c77;,a77 is amended-- 7#a7 in clause 7iv77,,ii71 by striking and at the end2 7#b7 in clause 7v71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7vi7 the costs incurred by an incumbent ,federal entity to accommodate sharing the spectrum frequencies assigned to such entity with a ,federal entity the operations of which are being relocated from eligible frequencies described in paragraph 7#b71 unless the ,commission receives notice under paragraph 7#d77;,a77ii77,,ii7 with respect to the relocation of such operations4 4 7c7 ,spectrum ,relocation ,fund ,section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7 is amended-- 7#a7 in subsection 7c71 by striking with respect to and all that follows and inserting the following3 with respect to-- 7#a7 relocation from or sharing of such eligible frequencies2 or 7#b7 in the case of an incumbent ,federal entity described in section #aac7;g77#c77;,a77vi71 accommodating sharing the spectrum frequencies assigned to such entity with a ,federal entity the operations of which are being relocated from such eligible frequencies4 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,a71 by inserting 7or1 in the case of an incumbent ,federal entity described in section #aac7;g77#c77;,a77vi71 the eligible ,federal entity the operations of which are being relocated has submitted such a plan7 after transition plan2 and 7,b7 in paragraph 7#c77;,b77ii71 by inserting except in the case of an incumbent ,federal entity described in section #aac7;g77#c77;,a77vi71 before the transition plan4 ,december #ab1 #bjad ,reported from the ,committee on ,energy and ,commerce,december #ab1 #bjad,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed